A-57224, SEPTEMBER 17, 1934, 14 COMP. GEN. 229

A-57224, SEPTEMBER 17, 1934, 14 COMP. GEN. 229

POSTAL SERVICE - PROMOTIONS - CLERKS AT DIVISION HEADQUARTERS OF POST OFFICE INSPECTORS IN DETERMINING "35 PERCENT OF THE FORCE" OF CLERKS AT DIVISION HEADQUARTERS OF POST-OFFICE INSPECTORS WHO MAY BE ADVANCED TO GRADE 6 UNDER THE TERMS OF SECTION 2 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1055, THE TERM "FORCE" HAS RELATION ONLY TO CLERKS WHO ARE WITHIN THE SIX GRADES AND DOES NOT INCLUDE CHIEF CLERKS.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, SEPTEMBER 17, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 15, 1934, AS FOLLOWS:

SECTION 2 OF THE ACT OF FEBRUARY 28, 1925, CONTAINS PROVISIONS FOR THE CLASSIFICATION OF CLERKS AT DIVISION HEADQUARTERS OF POST-OFFICE INSPECTORS AND PROVIDES, AMONG OTHER THINGS:

"THAT CLERKS AT DIVISION HEADQUARTERS SHALL BE PROMOTED SUCCESSIVELY TO GRADE 5 AT THE BEGINNING OF THE QUARTER FOLLOWING A YEAR'S SATISFACTORY SERVICE IN THE NEXT LOWER GRADE AND NOT TO EXCEED 35 PERCENT OF THE FORCE TO GRADE 6 FOR MERITORIOUS SERVICE AFTER NOT LESS THAN 1 YEAR'S SERVICE IN GRADE 5.'

THE ACT APPROVED MARCH 15, 1934, MAKING APPROPRIATIONS FOR THE TREASURY AND POST OFFICE DEPARTMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1935, CONTAINS THE FOLLOWING ITEM:

"FOR COMPENSATION OF 130 CLERKS AT DIVISION HEADQUARTERS, $291,420.'

THE 130 CLERKS MENTIONED INCLUDE 15 CHIEF CLERKS.

IN DETERMINING THE NUMBER OF CLERKS WHO MAY BE ADVANCED TO GRADE 6, WILL IT BE PROPER FOR THE DEPARTMENT TO CONSIDER "THE FORCE" TO BE THE 130 CLERKS AUTHORIZED BY THE APPROPRIATION ACT OR THE 115 CLERKS BELOW THE RANK OF CHIEF CLERK?

IN ADDITION TO THE PORTION QUOTED IN YOUR LETTER, SECTION 2 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1055, PROVIDES IN PART AS FOLLOWS:

THAT CLERKS AT DIVISION HEADQUARTERS OF POST-OFFICE INSPECTORS SHALL BE DIVIDED INTO SIX GRADES, AS FOLLOWS:

GRADE 1, SALARY, $1,900; GRADE 2, SALARY, $2,000; GRADE 3, SALARY, $2,150; GRADE 4, SALARY, $2,300; GRADE 5, SALARY, $2,450; GRADE 6, SALARY, $2,600; AND THERE SHALL BE ONE CHIEF CLERK AT EACH DIVISION HEADQUARTERS AT A SALARY OF $3,000; PROVIDED, THAT IN THE READJUSTMENT OF GRADES FOR CLERKS AT DIVISION HEADQUARTERS TO CONFORM TO THE GRADES HEREIN PROVIDED, CLERKS WHO ARE NOW IN PRESENT GRADE 1 SHALL BE INCLUDED IN GRADE 1; CLERKS WHO ARE NOW IN PRESENT GRADE 2 SHALL BE INCLUDED IN GRADE 2; CLERKS WHO ARE NOW IN PRESENT GRADE 3 SHALL BE INCLUDED IN GRADE 3; CLERKS WHO ARE NOW IN PRESENT GRADE 4 SHALL BE INCLUDED IN GRADE 4; CLERKS WHO ARE NOW IN PRESENT GRADE 5 SHALL BE INCLUDED IN GRADE 5; AND CLERKS WHO ARE NOW IN PRESENT GRADE 6, SHALL BE INCLUDED IN GRADE 6. * * *

IT WILL BE NOTED THAT CLERKS AND CHIEF CLERKS ARE PROVIDED FOR SEPARATELY, AS ARE INSPECTORS. IT IS UNDERSTOOD THAT ONLY THE CLERKS,AND NOT THE CHIEF CLERKS, ARE WITHIN THE AUTOMATIC SALARY GRADES. WHILE THE TERM "FORCE" IN ITS BROAD SENSE MIGHT BE REGARDED AS INCLUDING EVERY OFFICER AND EMPLOYEE OF THE ORGANIZATION, INCLUDING CLERKS, CHIEF CLERKS, INSPECTORS, MESSENGERS, ETC., IN THIS INSTANCE THE WORD IN THE STATUTE HAS RELATION ONLY TO CLERKS WHO ARE WITHIN THE SIX GRADES. THE QUESTION IS ANSWERED ACCORDINGLY.